§ 665.243 Prohibitions. In addition to the general prohibitions specified in 50 CFR §§ 600.725 and 665.15, it is unlawful for any person to do any of the following: ( a ) In Permit Area 1, it is unlawful for any person to— ( 1 ) Fish for, take, or retain lobsters— ( i ) Without a limited access permit issued under § 665.242.
( ii ) By methods other than lobster traps or by hand for lobsters, as specified in § 665.245.
( iii ) From closed areas for lobsters, as specified in § 665.251.
( iv ) During a closed season, as specified in § 665.250.
( v ) After the closure date, as specified in § 665.252, and until the fishery opens again in the following calendar year.
( vi ) In a lobster grounds after closure of that grounds as specified in § 665.252(b).
( 2 ) Fail to report before landing or offloading as specified in § 665.244.
( 3 ) Fail to comply with any protective measures implemented under § 665.248.
( 4 ) Leave a trap unattended in the Hawaii crustacean management area except as provided in § 665.245.
( 5 ) Maintain on board the vessel or in the water more than 1,200 traps per fishing vessel, of which no more than 1,100 can be assembled traps, as specified in § 665.245.
( 6 ) Land lobsters taken in Permit Area 1 after the closure date, as specified in § 665.252, until the fishery opens again the following year.
( 7 ) Refuse to make available to an authorized officer and employee of NMFS designated by the Regional Administrator for inspection and copying any records that must be made available in accordance with § 665.14(g)(2).
( 8 ) Possess on a fishing vessel that has a limited access permit issued under § 665.242 any lobster trap in Crustacean Permit Area 1 when fishing for lobster is prohibited as specified in §§ 665.248, 665.250(a), or 665.252, or except as allowed under § 665.245(a)(7).
( 9 ) Possess on a fishing vessel that has a limited access permit issued under this subpart any lobster trap in Crustacean Permit Area 1 VMS Subarea when fishing for lobsters is prohibited as specified in §§ 665.248, 665.250(a), or 665.252, except as allowed under § 665.245(a)(8).
( 10 ) Interfere with, tamper with, alter, damage, disable, or impede the operation of a VMS unit or to attempt any of the same while engaged in the Permit Area 1 fishery; or to move or remove a VMS unit while engaged in the Permit Area 1 fishery without first notifying the Regional Administrator.
( 11 ) Make a false statement, oral or written, to the Regional Administrator or an authorized officer, regarding the certification, use, operation, or maintenance of a VMS unit used in the fishery.
( 12 ) Fail to allow an authorized officer to inspect and certify a VMS unit used in the fishery.
( 13 ) Possess, on a fishing vessel that has a limited access permit issued under this subpart, any lobster trap in a lobster grounds that is closed under § 665.252(b), unless the vessel has an operational VMS unit, certified by NMFS, on board.
( b ) In Permit Area 2, it is unlawful for any person to— ( 1 ) Fish for, take, or retain lobsters— ( i ) By methods other than lobster traps or by hand, as specified in § 665.245; or
( ii ) During a closed season, as specified in § 665.250(b).
( 2 ) Retain or possess on a fishing vessel any lobster taken in Permit Area 2 that is less than the minimum size specified in § 665.249.
( 3 ) Possess on a fishing vessel any lobster or lobster part taken in Permit Area 2 in a condition where the lobster is not whole and undamaged as specified in § 665.249.
( 4 ) Retain or possess on a fishing vessel, or remove the eggs from, any egg-bearing lobster, as specified in § 665.249.
( 5 ) Possess on a fishing vessel that has a permit for Permit Area 2 issued under this subpart any lobster trap in Permit Area 2 when fishing for lobster in the MHI is prohibited during the months of May, June, July, and August.
( c ) In Crustacean Permit Areas 1 and 2, it is unlawful for any person to fish for, take, or retain deepwater shrimp without a permit issued under § 665.242.
( d ) In Crustacean Permit Area 2, it is unlawful for any person to fish for, possess, sell, or offer for sale any Kona crab from a closed fishery in the Federal waters of the MHI in violation of § 665.253(b).
[75 FR 2205, Jan. 14, 2010, as amended at 85 FR 79929, Dec. 11, 2020]